A função social da propriedade rural e as ações possessórias

Abstract

This article intends to analyze, in a summarized way, the social role of the country property related to the possessory actions. The State, due to economical, ideological and political issues, is not being able to solve the problem of land distribution. This is causing constant litigations involving, on one side, the land owners or possessors, and on the other side, the invaders, under the “flag” of the social movements, that causes, not rarely, violent conflicts for the ownership of the land, resulting, sometimes, even in death (i.e. Eldorado dos Carajás). These conflicts, inevitably, will reach the judiciary and the magistrate will decide with whom will remain the ownership of the land. In his/her decision, the magistrate can follow the Civil Law agreement, that sees the property right as right par excellence, based on the Real Property, applying to the case the Civil Code and the Code of Civil Action, without analyzing the social role of the country property ; or, constitutional agreement, which foresees that the property right is passible of legal politic guardianship, from the moment which the social role of the property is respected by the owner, that is, analyzes the fulfillment of the social role of the country property.